In Re Marriage of Pace

Appellant Geraldine Pace appeals from a judgment providing that federal civil service disability retirement benefits paid monthly to her former husband, respondent John Pace, are his separate property.

I

Geraldine and John were married in 1947 and separated in 1974. Throughout their marriage, John was employed by the federal Veterans’ Administration. In October 1975, the parties entered into a property settlement agreement. Among its provisions, Geraldine was awarded a seven-fifteenths interest in the retirement benefits arising out of John’s employment as of the date of separation, “whether accumulations or anticipated retirement at the age of 55,” as her share of the community interest in those benefits. She waived spousal support.

On December 5, 1975, John was seriously injured in an automobile accident. On December 19, 1975, apparently while John was hospitalized, an interlocutory judgment of dissolution was entered consistent with the property settlement agreement. As a result of the accident, John became totally disabled, and was involuntarily retired. He is a quadraplegic, confined to bed except when someone dresses him and straps him in a wheelchair. He…